Given that the burden associated with maintaining records to facilitate the recreation of disclosures will differ significantly, be the type and size of plan or provider, we are explicitly soliciting comment on the burden associated with the following proposed record keeping requirement:

A covered entity that is a plan or provider would need to be able to give individuals an accurate accounting of all uses and disclosures that are for purposes other than treatment, payment, and health care operations; except that such procedures would provide for the exclusion from such accounting of protected health information which is disclosed to a health oversight or law enforcement agency, if the health oversight or law enforcement agency provides a written request stating that the exclusion is necessary because disclosure would be reasonably likely to impede the agency’s activities and specifies the time for which such exclusion is required.

Survey Disclaimer

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0990-0379. The time required to complete this information collection is estimated to average 5 minutes per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: U.S. Department of Health & Human Services, OS/OCIO/PRA, 200 Independence Ave., S.W., Suite 336-E, Washington D.C. 20201, Attention: PRA Reports Clearance Officer.